keys to state and territory codes in .pdf format. - Weeds Australia

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keys to state and territory codes in .pdf format. - Weeds Australia

Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 1 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONWeed legislation contactDr Nigel AinsworthPrincipal Policy Officer – Invasive PlantsBiosecurity VictoriaDepartment of Primary IndustriesGPO Box 4440MELBOURNE VIC 3000Ph. (03) 9658 4989Email: nigel.ainsworth@dpi.vic.gov.auVICTORIARelevant legislationThe principal legislation is the Catchment and Land Protection Act 1994 (CaLP Act). The CaLP Act isadministered by the Department of Sustainability and Environment (DSE) who employ PestManagement Officers through the Department of Primary Industries (DPI) to enforce provisions of theCaLP Act. Noxious weeds are a component of the CaLP Act, which establishes a framework for theintegrated management and protection of catchments through community participation in themanagement of land and water resources.There is also provision under the Local Government Act 1989 for councils to enact local by-lawstargeting specific weeds.The extracts below highlight some of the key provisions relating to noxious weeds in Victoria. Thecomplete current version of the Act can be found at www.dms.dpc.vic.gov.au.Extracts20 General duties of land owners(1) In relation to his or her land a land owner must take all reasonable steps to—(d) eradicate regionally prohibited weeds; and(e) prevent the growth and spread of regionally controlled weeds.(2) A land owner must take all reasonable steps to prevent the spread of regionally controlled weedsand established pest animals on a roadside that adjoins the land owner's land.(3) Subsection (2) does not apply to a roadside which is—(a) a freeway or an arterial road within the meaning of the Road Management Act 2004; or(b) Crown land held under a lease or licence by a person other than the land owner; or(c) land exempted from that subsection by a special area plan; or(d) Crown land in a national park or park within the meaning of the National Parks Act 1975or in a protected forest within the meaning of the Forests Act 1958; or(e) Crown land managed by a public authority other than the Secretary, or a Minister otherthan the Minister; or(f) Crown land reserved under the Crown Land (Reserves) Act 1978 for a purpose other thana road.


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 2 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATION58 Classification of pests—general(1) On the Minister's recommendation the Governor in Council, by Order published in the GovernmentGazette, may declare—(a) a plant to be a state prohibited weed, regionally prohibited weed, regionally controlled weedor restricted weed71 Spread of noxious weeds(1) A person must not—(b) without a permit from the Secretary—(i) buy or offer to buy in Victoria; or(ii) sell or offer to sell in Victoria; or(iii) possess for the purposes of sale in Victoria; or(a) display in Victoria; or(b) plant or propagate in Victoria; or(iv) wilfully bring or cause to be brought into Victoria; or(v) transport within Victoria—the following—(vi) a noxious weed; or(vii) the seeds of a noxious weed whether or not packed or mixed with the seeds of anyother plants; or(viii) any part of a noxious weed that is capable of growing whether or not packed ormixed with the parts of any other plants; or(c) without a permit from the Secretary, remove or cause to be removed or sell soil, sand,gravel or stone which contains or is likely to contain any part of a noxious weed, or whichcomes from land on which noxious weeds grow; or(d) without a permit from the Secretary, remove or cause to be removed or sell fodder or grainwhich contains the seeds or any other part of a noxious weed that is capable of growing; or(e) without a permit from the Secretary, sell or hire, or offer for hire, a substance or machinerythat is used or intended to be used in primary production and which contains the seeds or anyother part of a noxious weed that is capable of growing; or(f) without a permit from the Secretary, sell an animal which is carrying seeds of a noxiousweed; or(g) without a permit from the Secretary, deposit on land—(i) a noxious weed; or(ii) the seeds of a noxious weed that are apparently capable of germinating.(2) Subsection (1)(f) does not apply to the sale of farm animals direct to a meat processing facilitywithin the meaning of the Meat Industry Act 1993.Key points are that the Act:• regulates management of noxious weeds;• prohibits the movement and sale of noxious weeds of all categories anywhere in the state;• covers weed seeds occurring as contaminants in seed lots or other plant products.• the Minister may only recommend for declaration, a plant that is, or has or may have thepotential to become, a serious threat to primary production, Crown land, the environment orcommunity health in Victoria or in another State or a Territory of the Commonwealth.


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 3 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONThere are four categories of noxious weeds defined under the CaLP Act:• State Prohibited WeedsThese weeds either do not occur in Victoria, but pose a significant threat if they invade, or arepresent, pose a serious threat and can reasonably be expected to be eradicated. If present,infestations of a State Prohibited Weed are relatively small. They are to be eradicated if possiblefrom Victoria or excluded from the State. The Victorian Government is responsible for theireradication, but under Section 70(1) of the CaLP Act it may direct land owners to prevent theirgrowth and spread.• Regionally Prohibited WeedsRegionally Prohibited weeds are not widely distributed in a Region but are capable of spreadingfurther. It is reasonable to expect that they can be eradicated from a Region and they must bemanaged with that goal. Land owners, including public authorities responsible for Crown landmanagement, must take all reasonable steps to eradicate Regionally Prohibited weeds on theirland.• Regionally Controlled WeedsThese weeds are usually widespread and are considered important in a particular Region. Toprevent their spread, continuing control measures are required. Land owners have theresponsibility to take all reasonable steps to prevent the growth and spread of RegionallyControlled weeds on their land.• Restricted WeedsThis category includes plants that pose an unacceptable risk of spreading in this State or to otherparts of Australia if they were to be sold or traded in Victoria, and are a serious threat to anotherState or Territory of Australia. Trade in these weeds and their propagules, either as plants, seedsor contaminants in other materials is prohibited.In addition, Victoria has also declared certain plants as Noxious Aquatic Species under the FisheriesAct 1995. These plants pose a serious threat to a fishery, the aquatic environment or human health. Itis an offence to bring into Victoria or possess, sell, transport or release them.There are ten Catchment Management Authorities in Victoria. These Catchment ManagementAuthorities are responsible for the management and protection of land and water resources withineach catchment. With the Victorian Catchment Management Council, they advise the Minister onwhich weeds to proclaim and within which category.The strategic approach to the management of the risks imposed by weeds in Victoria is outlined in theInvasive Plants and Animals Policy Framework and applied in Regional Invasive Plant and AnimalStrategies.Further information can be found on the DPI website (www.dpi.vic.gov.au/weeds). Under this sectionis a Landcare Note on the currently declared noxious weeds that can be downloaded for furtherinformation.


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 4 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONKEYCategorySPCFRVictoriaState Prohibited Weeds. These are weeds that are, or have or may have thepotential to become, a serious threat to primary production, Crown land, theenvironment or community health in Victoria or in another State or a Territory of theCommonwealth. They do not occur in Victoria or it is reasonable to expect thatthey can be eradicated from the State.Regionally Prohibited Weeds. These are weeds that are, or have or may have thepotential to become, a serious threat to primary production, Crown land, theenvironment community health in Victoria or in another State or a Territory of theCommonwealth. They are not widely distributed throughout the region, arecapable of spreading further and it is reasonable to expect that they can beeradicated from the region.These are weeds that are, or have or may have the potential to become, a seriousthreat to primary production, Crown land, the environment or community health inVictoria or in another State or a Territory of the Commonwealth. They occur in theregion, are capable of spreading further and continuing control measures arerequired to prevent their spread.Statewide Noxious Aquatic Species. Plants that pose a serious threat to a fishery,the aquatic environment or human health. Declared under the Fisheries Act 1995,it is an offence to bring these plants into Victoria or possess, sell transport orrelease them.Restricted Weeds. These are weeds that are, or have or may have the potential tobecome, a serious threat to primary production, Crown land, the environment orcommunity health in Victoria or in another State or a Territory of theCommonwealth. They pose an unacceptable risk of spread if they were sold ortraded.Regional DeclarationsNumbers Numbers following categories refer to the number of regions in which the weed isdeclared.Notes (a) to (d) are no longer relevant and have been removed(e)All Salix spp. except for the permitted species, S. alba var. caerulea, S. alba var.matsudana, S. babylonica (weeping willow), S. x calodendron (pussy willow), S.caprea 'Pendula', S. matsudana 'Aurea', S. matsudana 'Tortuosa', S.myrsinifoliaand S. x reichardtii (pussy willow).


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 5 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONWESTERN AUSTRALIAWeed legislation contactMr Rod Randall, Invasive Species ScienceDepartment of Agriculture and Food Western Australia,100 Bougainvillea AvenueFORRESTFIELD WA 6058NOTEAgriculture and Food WA iscurrently re-drafting theAgricultural and RelatedResources Protection Act 1976which comes into effect on the1 st July 2012. You areencouraged to check for thesechanges which are available athttp://www.agric.wa.gov.au/PC_93122.htmlPh. (08) 9366 2338Fax. (08) 9366 2342Email: rod.randall@agric.wa.gov.auRelevant legislation (see NOTE above)The principle legislation is the Agricultural and Related Resources Protection Act 1976 (ARRPA).This Act is administered by the Agriculture Protection Board (APB), which is now incorporated into theDepartment of Agriculture. Regional Advisory Committees advise the APB on weed and otherprotection issues within WA and the Board has the authority to declare plants for part or all of theState under five different categories. The State’s quarantine responsibilities are handled by theWestern Australian Quarantine Inspection Service (WAQIS) operating within the Department ofAgriculture.Related legislation is the Plant Diseases Act 1989 (PDA). This Act is concerned primarily with pestsand diseases. However, weeds are regarded as a form of plant disease under this Act with provisionsallowing for plants to be permitted or excluded for quarantine purposes. The list of these species isfound at http://www.agric.wa.gov.au/PC_93105.html#imp.The Department of Agriculture has a single list of plants which currently operates under the PDA.This online list contains over 45,000 permitted, declared and prohibited plants, with any species noton the list being prohibited unless assessed to be eligible for addition to the list.In addition to declared plants under the ARRPA, there is also provision for a shire council to prescribeany plant, other than a declared plant, as a pest plant within its municipality.ExtractsSection 36 of the ARRPA states:(1) …a class of declared plants…may, by declaration under section 35, be assigned to one ormore categories for the purposes of this Act according to the measures that, in the opinion ofthe Protection Board, need to be taken in relation to declared plants…of that class in order toachieve the object of this Act.


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 6 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATION(2) A class of declared plants…may, by declaration under section 35, be assigned to differentcategories in respect of different parts of the StateSection 72 of the ARRPA states:Any person who, for any purpose or in any manner, brings any prohibited material-(a) into the State from elsewhere; or(b) into any part of the State from some other part of the State or from elsewhere,commits an offence.Section 75 states:(1a) A person who, in any part of the State, sells or offers or exposes for sale any coat, fodder,machinery, sack, seed, wool pack, or restricted animal, shall first examine it or cause it tobe examined for the presence of material that is prohibited material in that or any other partof the State.Subsequent owners of items are also required to have them examined for the presence of materialprohibited in that part of the State.Section 75 states:(1b) …a person shall not, in any part of the State, sell or offer or expose for sale any coat,fodder, machinery, sack, seed, wool pack, or restricted animal in or on which there is anymaterial that is prohibited material in that part of the State except pursuant to approval .....Key points of the ARRPA are that it:• Regulates entry and movement of declared plants;• Clearly makes provisions to prevent the sale of declared plants; and• Covers weed seeds as a contaminant in produce.There are five categories of declared weeds defined under the ARRPA with the following aims:• P1-Prohibits movement of declared plants and/or their seeds through the prevention of trade, saleor movement of plants into the State or that area of the State;• P2-Eradication of plants from the State or that area of the State;• P3-Controlling infestations by reducing area and/or density of infestation from the State or thatarea of the State;• P4-Preventing infestations spreading beyond existing boundaries of infestation; and• P5-Infestations must be controlled on public land or land under the control of a local government.Further information can be found on the Department of Agriculture website(http://www.agric.wa.gov.au/weeds.htm).Under declared plants database, a search can be done for individual weeds or to see the fulldeclared plants list. Clicking on individual weeds will show recommended control methods.Using the search function (weed science) will take you to the weed science homepage, which alsoprovides links to a number of useful weed documents and under ‘Importing Plants’, the permitted andprohibited list.


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 7 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONKEYWestern AustraliaWestern Australia uses a Permitted and Prohibited list for plants permitted entry into the State.Only prohibited plants listed as noxious or declared weeds by another State/Territory and notdeclared in WA have been included in this database. Species not included in the Permitted andProhibited list require a weed risk assessment before being allowed entry into WA.CategoryCheckWA operates a Permitted and Prohibited plant import list which should be checkedat http://www.agric.wa.gov.au/PC_93105.html#imp before proceeding toimportation.Declared weed species listed in the Agriculture and Related Resources Protection Act 1976only –P1P2P3P4P5PREVENTION of trade, sale or movementERADICATE-Serious weeds which are not yet widely established in WA.CONTROL-Serious weeds which cannot be eradicated in the short term, butmust be kept under control.CONTAIN-Well-established plants where reducing the infestation is eitherimpractical or uneconomical.Weeds to be CONTROLLED on public land or land under the control of a localgovernment.Notes(a)(b)Not including Orobanche cernua var australiana (Australian broomrape) andO. minor (clover broomrape).All Salix spp. except for the permitted species, S. babylonica (weeping willow),S. x calodendron (pussy willow) and S. x reichardtii (pussy willow).Regional Declarations^Not prescribed for whole of the State.


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 8 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONWeed legislation contactSOUTH AUSTRALIAMr David CookeSenior Technical AdviserPest Plants - NRM Biosecurity UnitDepartment of Water - Land and Biodiversity Conservation,GPO Box 2834ADELAIDE SA 5001Ph. (08) 8303 9510Email: david.cooke@sa.gov.auRelevant legislationAs of 1 July 2005, the relevant legislation is the Natural Resources Management Act 2004. TheNRM Act repealed the previous relevant legislation, the Animal and Plant Control (AgriculturalProtection and Other Purposes) Act 1986.The NRM Act is administered by the Department of Water, Land and Biodiversity Conservationand implemented throughout the State by Natural Resource Management authorities; thesemay be the eight regional Natural Resource Management Boards or Natural ResourceManagement groups set up at the local level. The Animal and Plant Control Boards set upunder the former Animal and Plant Control (Agricultural Protection and Other Purposes) Act,1986, remain in operation as local Natural Resource Management groups during the transitionperiod. Natural Resource Management authorities employ local Authorised Officers to inspectproperties.ExtractsSection 174 of the Act states:(1) The Minister may, by notice in the Gazette-(a) declare that a specified provision of this Chapter applies to(i) a specified class of animals, or(ii) a specified class of plants, and(b) in addition, with respect to a class of animals or plants specified under paragraph(a), do either or both of the following:(i) declare that a specified area (which may be the whole or a part of the State) is acontrol area for that class of animals or plants for the purposes of that provision;(ii) declare that a prohibition contained in that provision operates as an absoluteprohibition in relation to that class of animals or plants and control area (if any)Section 175 of the Act states:(1) Subject to this Act, a person must not bring an animal or plant of a class to which thissubsection applies, or cause or permit an animal or plant of a class to which thissubsection applies to be brought, into a control area for that class of animals or plants.(2) Subject to this Act, a person must not transport or move, or cause or permit to betransported or moved, on a public road within a control area for a class of plants towhich this subsection applies-(a) a plant of that class; or


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 9 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATION(b) any animal, plant, soil, vehicle, farming implement or other produce, goods, materialor thing carrying a plant of that class.Section 177 states:(1) Subject to this Act, a person must not sell an animal or plant of a class to which thissubsection applies.(2) Subject to this Act, a person must not sell any animal, plant, soil, vehicle, farmingimplement or other produce, goods, material or thing carrying a plant of a class towhich this subsection applies.Key points are that the Act:• Provides for enforced control or destruction of declared plants in part or all of the State;• Regulates entry and movement of declared plants within the State; and• Prevents the sale of produce contaminated with seeds of a declared plant anywhere in theState.Plants may be declared under one or more sections of the Act, each section regarding aspecific provision for control of plants:• Section 175 restricting the movement of plants or produce or goods carrying such plants;• Section 177 restricting the sale of plants or produce or goods carrying such plants;• Section 180 requiring the notification of the presence of plants; and• Section 182 requiring the owner of land to destroy or control plants.Control of a weed infestation can be enforced under section 183 by an Authorised Officer whorequires the landowner to prepare and implement an action plan.Independently of these sections, declared plants are also grouped into three categories whichset the level of the maximum penalty that may be imposed for breaches of the Act.While declared plants are grouped into 11 classes plus subclasses in the Minister's declarationaccording to the various provisions of the Act applying to each one, these are generalisedgroupings. Several different provisions of the Act can apply to the same class of declaredplants. A generalisation of the classes is as follows:• Class 1 - generally requiring notification and destruction of the plant throughout the wholeState (although, sometimes only control in part of the State);• Class 2 and 4 - generally requiring notification in at least part of the State and control of theplant throughout the whole State;• Class 3, 5 and 7 - generally requiring control of the plant in part of the State;• Class 6, 8 and 9 - special provisions apply;• Class 10 and 11 - restricting sale only.For completeness, the numbered class to which each declared plant is allocated is indicated inthe database. However, it should be noted that the Department and Natural ResourceManagement authorities do not refer to these numbered classes in policy documents, factsheets or other publicly available information.Owners are responsible for the control of declared plants on their own lands. This includesgovernment departments and agencies on the lands that they own and/or manage. The localNatural Resource Management authorities are responsible for the control of declared plants onroad reserves and are empowered under section 185 of the Act to recover costs of control workfrom the adjoining landowners. The Department of Environment and Heritage is responsible for


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 10 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONthe control of declared plants on unalienated Crown lands, although the local Natural ResourceManagement authorities may undertake this work on behalf of the Department.Further information, including the SA list of declared plants, can be found athttp://www.dwlbc.sa.gov.au/biodiversity/pests/weeds/index.html.KeyThe numbers refer to the class under which the plant is declared. Given the diversity withineach class, additional symbols are used to give an indication of the level of notification andcontrol that is required for each declared plant.Classes• Class 1 - generally requiring notification and destruction of the plant throughout the wholeState (although, sometimes only control in part of the State);• Class 2 and 4 - generally requiring notification in at least part of the State and control of theplant throughout the whole State;• Class 3, 5 and 7 - generally requiring control of the plant in part of the State;• Class 6, 8 and 9 - special provisions apply;• Class 10 and 11 – restricting sale only.Weed Categories and Regional DeclarationsNotes#^@*+Nn(a)(b)(c)(d)(e)(f)(g)Plant must be destroyed throughout the State (trade andmovement usually restricted throughout the State).Plant must be destroyed in part of the State only (trade andmovement usually restricted throughout the State).Control required throughout the State (trade and movementusually restricted throughout the State).Control required in part of the State only (trade and movementusually restricted throughout the State).Control not required (usually restricting trade and/or movementonly).Notifiable throughout the State.Notifiable in part of the State only.Not including the variety TrichophyllaNot planted carrots (special program in the south-east of SAonly).Including cultivar Nypa Reclamation and any cultivars ofDistichlis spicata consisting of lines that include seed bearingindividualsNot including dead shoots.Not including the cultivar ConsolNot including trees planted and maintained for domestic orcommercial use.Not including spineless Optunia ficus-indica (Indian fig).


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 11 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATION(h)(i)(j)(k)(l)(m)(n)Not including Orobanche australiana (Orobanche cernua varaustraliana - Australian broomrape).Not including trees planted and maintained for domestic orcommercial use.Not including seasoned dry timber.Not including any detached fruit or the following cultivars whenplanted and maintained for domestic or commercial purposesunder conditions approved by the Minister: Black Satin, DirksenThornless, Smoothstem, Thornfree, Loch Ness, ChesterThornlessAll Salix spp. except for the permitted species, S. babylonica(weeping willow), S. x calodendron (pussy willow) and S. xreichardtii (pussy willow)Enforced eradication in the South Australian Arid Lands NaturalResource Management region.Enforced control within 100 metres of a watercourse in theSouth Australian Arid Lands, Alinytjara Wiluruara and SouthAustralian Murray Darling Basin Natural Resource Management.


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 12 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONWeed legislation contactTASMANIAMr Michael Askey-DoranSection Leader – Weeds SectionLand Conservation BranchResource Management and Conservation DivisionDepartment of Primary Industries, Parks, Water and EnvironmentGPO Box 44HOBART TAS 7001Ph.(03) 6233 6168Email: Michael.Askey-Doran@dpipwe.tas.gov.auRelevant legislationThe relevant legislation is the Weed Management Act 1999 (WMA) which was enacted on 1September 2000. The Act is administered by the Department of Primary Industries, Parks,Water and Environment.ExtractsSection 9 of the Act states:(1) On receipt of the Secretary's recommendation, the Minister, by order, may declare aplant to be a declared weed if satisfied that–(a) the plant may have an adverse impact on–(i) the productive capacity of Tasmania, another State or a Territory; or(ii) any natural or physical resources of Tasmania, another State or a Territory; or(iii) the genetic diversity of an indigenous plant of Tasmania, another State or aTerritory; or(iv) the genetic integrity of an indigenous plant of Tasmania, another State or aTerritory; or(v) the maintenance of indigenous ecological processes of Tasmania, anotherState or a Territory; and(b) nature conservation and matters relating to social and economic matters havebeen taken into account.(2) An order may be made in respect of–(a) the whole or any specified part of the State; or(b) any specified circumstances.(3) An order in respect of a plant remains in force until whichever of the following occursfirst:(a) a weed management plan relating to the plant ceases to be in force;(b) the end of a period of 12 months after the order is made and no draft weedmanagement plan exists in relation to the plant.Section 15 of the Act states:(1) The Minister is to direct the Secretary to prepare a draft weed management plan inrespect of any declared weed within 12 months after an order is made under section 9relating to that weed.


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 13 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATION(2) A draft weed management plan is to provide for any one or more of the followingmatters:(a) the distribution and extent of the declared weed;(b) the area covered by the weed management plan;(c) the storage in a specified area of anything contaminated with a declared weed;(d) measures to–(i) reduce the number of plants or eradicate a species of plant in an area; or(ii) restrict a species of plant to a particular area;(e) procedures for the notification of the occurrence of specified weeds;(f) measures to prevent entry into Tasmania of the declared weed;(g) any other measures the Minister considers appropriate to control any declaredweed.Section 56 of the Act states:-Sale, purchase, propagation, use, &c., of declared weed prohibited(1) A person must not –(a) Sell a declared weed or any material or thing containing or carrying a declared weed;or(b) Purchase or offer to purchase a declared weed or any material or thing containing orcarrying a declared weed; or(c) Grow, propagate or scatter a declared weed; or(d) Store a declared weed or any material or thing containing or carrying a declaredweed; or(e) Hire or offer for hire any material or thing containing or carrying a declared weed; or(f) Use a declared weed or any material or thing containing or carrying a declaredweed; or(g) Deal with a declared weed or any material or thing containing or carrying a declaredweed in any manner that is likely to result in the spread of the declared weed.Penalty:Fine not exceeding 50 penalty units.(2) Subsection (1) does not apply in respect of feed grain for animals that is –(a) Carrying a declared weed; and(b) Imported into Tasmania in accordance with any measures prescribed for thepurpose of Section 57(2).Section 57 of the Act States:-Importation of declared weedPenalty:(1) A person must not import or allow to be imported into Tasmania any declared weed.Fine not exceeding 50 penalty units.(2) A person must not import or allow to be imported into Tasmania, otherwise that inaccordance with any prescribed measures, any feed grain for animals that may becarrying a declared weed.


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 14 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONPenalty:Fine not exceeding 50 penalty units.(3) A person must not import or allow to be imported into Tasmania, otherwise than inaccordance with any prescribed measures, any livestock that may be carrying adeclared weed.Penalty:Fine not exceeding 50 penalty units.Under the WMA, the State Government may:• Prohibit the introduction of declared weeds into Tasmania;• Undertake the eradication of declared weeds;• Take action aimed at preventing the spread of declared weeds within Tasmania; and• Require that action be taken against declared weeds where this is necessary to alleviate orprevent a particular problem.The WMA provides the legislative backing to the State’s strategic approach to weedmanagement, ‘WeedPlan’, and furthers the community consultative approach through therequirement for a Ministerial Statement of Intent to declare a plant that is then available forpublic comment for a period of 30 days. In addition, following declaration of a weed, a weedmanagement plan for the weed must be prepared within twelve months. The development ofthe weed management plan also requires a period of public consultation.A weed management plan must include the name of the target weed, area of the State coveredby the plan, distribution and extent of the weed, the reasons for declaring the weed and includerestrictions and measures required to control, eradicate or restrict the spread of a weed.Restrictions on import, distribution and sale are also included. Weed Management Plans arethe product of extensive consultation and are initiated by Government or other organisationsincluding community groups. There is also a statutory requirement that the plans are reviewedat least every 5 years.There are 115 weeds declared all under the one category known as “declared weeds” forTasmania. Requirements for each declared weed are specified in the weed management plan.There are currently 110 approved weed management plans and four draft weed managementplans.Further information, including the declared weeds list and weed management plans, can beobtained from the Department of Primary Industries, Water and Environment website(http://www.dpiw.tas.gov.au) under Weeds, Pests and Diseases > Weeds.


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 15 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONKEYTasmaniaCategoryDDeclared plants. Details on actual restrictions or measures for each declaredweed is contained in the weed management plan for that weedNotes(a)(b)(c)(d)Chrysanthemoides monilifera including subspeciesNot including Orobanche minor and Orobanche australiana (Orobanche cernuavar australiana – Australian broomrape)Not including Salix babylonica (weeping willow), S. X calodendron (pussy willow),S. x reichardtii (pussy willow)All non-indigenous species of Striga


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 16 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONWeed legislation contactMr Steve TaylorEnvironmental WeedsRanger-in-chargeNational Parks, Reserves & Rural LandACT Parks & ConservationP O Box 44LYNEHAM ACT 2602Ph. (02) 6207 2278Email: Steve.Taylor@act.gov.auAUSTRALIAN CAPITAL TERRITORYRelevant legislationThe relevant legislation is the Pest Plants and Animal Act 2005 (PPAA) which became effectiveon 12 November 2005. This Act replaced the pest plants and animals sections of the Land(Planning and Environment) Act 1991. The Act is administered by the ACT Department ofUrban Services (Environment ACT).The purpose of the PPAA is to protect the ACT’s land and aquatic resources from threats frompest plants and pest animals, and to promote a strategic approach to pest management.ExtractsSection 7 of the PPAA states:(1) The Minister may, in writing, declare a plant to be a pest plant.(2) Without limiting subsection (1), a declaration may declare-(a) that a plant is a pest plant whose presence must be notified to the chief executive(a notifiable pest plant); or(b) that a plant is a pest plant that must be suppressed; or(c) that a plant is a pest plant that must be contained; or(d) that a plant is a pest plant whose propagation and supply is prohibited (aprohibited pest plant).Section 8 of the PPAA states:(1) The Minister may prepare a plan (a pest plant management plan) for the managementof a pest plant.(2) Without limiting subsection (1), a pest plant management plan may outlinerequirements for the following, having regard to the potential threat and the practicalityof control measures:(a) the suppression or destruction of a pest plant of a particular kind if that isachievable with current knowledge, techniques and resources;(b) the containment of a pest plant if its complete suppression or destruction isimpractical.The Act prohibits:• The commercial supply of a prohibited pest plant;


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 17 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATION• The reckless supply of a prohibited pest plant or material contaminated with prohibited pestplants;• The reckless use of vehicles and machinery contaminated with a prohibited pest plant; and• The reckless disposal of a prohibited pest plant or material contaminated with prohibited pestplants.Further information is available on the ACT Department of Territory and Municipal ServicesEnvironment Homepage http://www.tams.act.gov.au/play/pcl/pestsandweeds under ‘Pests’, andthen ‘Managing pest plants’, which includes the list of pest plant species.KEYACTCategoryC1C2C3C4Notifiable pest plant: A pest plant whose presence must be notified to theChief Executive.A pest plant that must be suppressed.A pest plant that must be contained.Prohibited pest plant: A pest plant whose propagation and supply is prohibited.Notes(a)All Salix spp. except for the permitted species, Salix babylonica var babylonica(weeping willow), S. x calodendron (pussy willow) and S. x reichardtii (pussywillow).


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 18 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONWeed legislation contactQUEENSLANDMartin Hannan-JonesA/Principal Policy Officer, Biosecurity LegislationInvasive Plants and AnimalsBiosecurity QueenslandDept of Agriculture Fisheries and ForestryGPO Box 46BRISBANE QLD 4001Ph. (07) 3405 5538Email: Martin.Hannan-Jones@deedi.qld.gov.auRelevant legislationThe relevant legislation is the Land Protection (Pest and Stock Route Management) Act 2002(LPA). The LPA and the Land Protection (Pest and Stock Route Management) Regulation 2003provide legislative measures to manage pests and address the impacts they have on theeconomy, the environment and society. The new Act and its regulation commenced on 1 July2003, although the declaration of Class 3 pests did not come into effect until 1 November 2003.This Act replaces the previous governing legislation, the Rural Land Protection Act 1985. Itcovers the same subjects as the Rural Lands Protection Act (weeds, pest animals and stockroutes), but incorporates modern pest and stock route management priorities, responsibilitiesand obligations, and provides a framework for the future. The pest provisions of the Act and itsregulation are administered by the Department of Employment, Economic Development andInnovation.Landowners, including state agencies, are required to control declared pest plants consistentwith guidelines and local government area pest management plans and the Queensland WeedsStrategy 2002-06.Under the Local Law provisions of the Local Government Act 1993, a local government candeclare any plants not declared under the LPA and enforce their control.The Land Act 1994 also has provisions requiring control of weeds declared under the LPA onleasehold land.ExtractsSection 36 of the LPA states:A regulation may declare an animal or plant to be a declared pest-(a) for the State or a part of the State; and(b) of a category under the regulation.


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 19 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONSection 37 states:(1) …if the chief executive is satisfied urgent action is needed to protect a part of the Statefrom an adverse economic, environmental or social impact caused, or likely to becaused, by an animal or plant.(2) The chief executive may, by a gazette notice…make a declaration under this sectionfor the animal or plant.Section 38 states:(1) The following are the categories of declared pests-(a) Class 1 pest;(b) Class 2 pest;(c) Class 3 pest.(2) An animal or a plant may be declared to be-(a) a class 1 pest if the Governor in Council or chief executive is satisfied it-(i) is not commonly present or established in the State; and(ii) has the potential to cause an adverse economic, environmental or social impactin the State, another State or a part of the State or another State; or(b) a class 2 or class 3 pest if the Governor in Council or chief executive is satisfied it-(i) is established in the State; and(ii) is causing, or has the potential to cause, an adverse economic, environmental orsocial impact in the State, another State or a part of the State or another State(3) In deciding whether to declare an animal or plant to be a class 2 or class 3pest……must have regard to the following-(a) the significance of the animal’s or plant’s impact or potential impact;(b) the area affected, or likely to be affected, by the impact;(c) the extent to which the animal or plant has spread or is likely to spread.Key points are that the LPA:• Provides a purpose for the Act (s3), how the purpose is to be achieved (s4) and separatepest management principles (s9);• Recognises the economic, environmental and social impacts of pests (s38);• Requires State pest management strategies (s10-14);• Allows for pest management guidelines to set management requirements for each declaredpest (s15);• Requires large landholding State agencies to develop plans for managing pests on theselands (s17-20);• Requires all local government areas to have pest management plans (s25-35). The plans areto be developed in consultation with the community and with input from government agenciesabout lands they manage. The plans must be consistent with:- State strategies;- principles of pest management; and- guidelines for pest management.Plans remain valid for four years and must be reviewed at least three months before the startof each financial year;• Simplifies the categories for declared plants (s36-38);• Provides for emergency declaration powers lasting up to three months (s37) and emergencyquarantine powers and notices (s89-93);• Lists obligations for landowners (s77);• Allows pest control notices to be imposed on private land (s78) and where that land is thesource of a pest(s) that threatens environmentally significant areas for class 3 weeds (s78);


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 20 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATION• Prohibits the sale without permission of declared plants or seeds of all categories anywherein the State (s44);• Provides mechanisms to help prevent weed seed spread by livestock, products, soil,machinery and other vectors (s42-46):- products contaminated with weed seed of Class 1 cannot be sold (s45); and- products contaminated with weed seed of notifiable Class 2 pests may not be sold unlessa declaration to the purchaser is made concerning the weeds presence (s45).There are 3 categories of declared plants defined under the LPA:• Class 1-plants not commonly present in the State and, if introduced, would cause anadverse economic, environmental or social impact. Class 1 plants established in the Stateare subject to eradication;• Class 2-plants are established in the State and have, or could have, an adverse economic,environmental or social impact. Landowners must take reasonable steps to keep land free ofClass 1 and Class 2 plants; and• Class 3-primarily environmental weeds where the plants are established in the State andhave, or could have, and adverse economic, environmental or social impact. A pest controlnotice can only be issued for land that is, or is adjacent to, an environmentally significantarea.Further information on each declared plant is available on the Department of Primary Industriesand Fisheries website (www.dpi.qld.gov.au) under Biosecurity > Invasive Plants and Animals,including a fact sheet on declared plants of Queensland.KEYQueenslandCategoryC1C2plants not commonly present in the State and, if introduced, would cause an adverseeconomic, environmental or social impact. Class 1 plants established in the State aresubject to eradication. It is an offence to introduce, keep or sell Class 1 plants without apermit.plants are established in the State and have, or could have, an adverse economic,environmental or social impact. Landowners must take reasonable steps to keep landfree of Class 2 plants. It is an offence to keep or sell Class 2 plants without a permit.primarily environmental weeds where the plants are established in the State and have, orcould have, and adverse economic, environmental or social impact. A pest control noticeC3 can only be issued if the pest is exerting, or potentially exerting an adverse impact onland that is, or is adjacent to, "an environmentally significant area". Class 3 plants cannotbe sold.Notes* except Lantana Camara(a)Class 2 prickly pear• common pest pear, spiny pest pear (O. stricta; syn. O. inermis)• tiger pear (O. aurantiaca) Westwood pear (O. streptacantha)• tree pears: drooping tree pear (O. monacantha syn. O. vulgaris) velvety tree pear


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 21 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATION(O. tomentosa)(b)(c)Whole genus including hybrids declared Class 1 except for Prosopis glandulosa (honeymesquite), P. pallida (algaroba) and P velutina (velvet mesquite) which are declared asClass 2 weeds.Whole genus declared as Class 1 except Salix babylonica (weeping willow), S. xcalodendron (pussy willow), S. chilensis (pencil willow - Class 3 plant), S. humboldtiana(pencil willow - Class 3 plant), S. matsudana (tortured willow - Class 3 plant) and S. xreichardtii (pussy willow).Whole genus declared Class 1 except Salvinia molesta which is declared as a Class 2(d)plant.(e) Whole genus declared Class 1 except for native species.(f)(g)(h)(i)(j)(k)Acacias non-indigenous to Australia (Acaciella spp., Mariosousa spp., Senegalia spp.(other than Senegalia albizoides) and Acacia spp. (syn. Vachellia spp.) other than Acacianilotica and Acacia farnesiana)cholla cactus (Cylindropuntia spp. and their hybrids, other than C. spinosior, C. fulgidaand C. imbricata)harrisia cactus (Harrisia spp. syn. Eriocereus spp. other than H. martinii, H. tortuosa andH. pomanensis syn. Cereus pomanensis) • honey locust (Gleditsia spp. including cultivarsand varieties)kudzu (Pueraria montana var. lobata, syn. P. lobata, P. triloba) other than in the TorresStrait Islandsonly declares bitou bush (not boneseed)orabanche is controlled under the Plant Protection Acthttp://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PlantProtR02.pdf


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 22 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONWeed legislation contactNORTHERN TERRITORYPiers BarrowDirector, Weed Management BranchDepartment of Natural Resources, EnvironmentThe Arts and SportP O Box 496PALMERSTON NT 0831Ph. (08) 8999 4414Email: piers.barrow@nt.gov.auRelevant legislationThe relevant legislation is the Weeds Management Act 2001 (WMA) which commenced on1 July 2001 replacing the Noxious Weeds Ordinance 1962. The Act is administered by theNT Department of Natural Resources, Environment, the Arts and Sport.ExtractsThe purpose of the Act is-a. to prevent the spread of weeds in, into and out of the Territory and to ensure thatthe management of weeds is an integral component of land management inaccordance with the Northern Territory Weeds Management Strategy 1996 - 2005or any other strategy adopted to control weeds in the Territory;b. to ensure there is community consultation in the creation of weed managementplans; andc. to ensure that there is community responsibility in implementing weed managementplans.Under Section 7 of the WMA:1. The Minister may, by notice in the Gazette, declare a plant to be a declared weedand may classify the declared weed for the purposes of preventing the plantentering into, or managing the plant in, the Territory or a part of the Territory.2. The Minister may, by notice in the Gazette, declare a plant to be a potential weedfor the purposes of managing the plant in the Territory or a part of the Territory.3. The Minister may only make a declaration under subsection (1) or (2) after he or shehas consulted with the Minister responsible for the administration of the TerritoryParks and Wildlife Conservation Act concerning the proposed declaration.4. A declaration under subsection (1) may classify a declared weed having regard towhether it isa.necessary to eradicate the declared weed;


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 23 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONb. necessary to prevent the growing and spreading of the declared weed; orc. necessary to prevent the introduction of the declared weed into the Territory.5. The classification of a declared weed may be in accordance with a nationally agreedclassification scheme or code.Under section 9 of the WMA:(4) A person must not, except in accordance with a permit -a. bring a declared weed or take part in, or be responsible for, bringing adeclared weed into the Territory;b. propagate or scatter a declared weed;c. sell or offer to sell a declared weed or anything that contains or carries adeclared weed;d. hire any equipment, device or thing that contains or carries a declared weedor potential weed;e. purchase or offer to purchase a declared weed or anything that contains orcarries a declared weed;f. store, grow or use a declared weed or anything that contains or carries adeclared weed; org. transport or carry on his or her person a declared weed or anything thatcontains or carries a declared weed.Key points are that the WMA:• Has direct links with the Territory's weed management strategy;• From a Territory functionality perspective, the legislation is consistent with the goalsand objects of the National Weeds Strategy;• Weed management is the responsibility of owners and occupiers of land and theyhave a general duty to control weeds;• In order to overcome potential environmental weeds, plant material can only bedisposed of on a person's own land or designated weed disposal areas;• Moving, selling or growing declared weeds is prohibited without a permit;• The Act binds the Crown so that the government is under the same obligations asother landowners and managers; and• Has provisions for:• Weed management plans;• Weed advisory committees;• Designated quarantine and cleaning areas; and• Use of a declared weed under a permit.On commencement of the WMA, weeds that were declared under the repealed NoxiousWeeds Ordinance 1962 became declared weeds under the new Act. The same weedcategories were retained, but with the increased provisions preventing trade anddistribution under the new Act.Further information is available on the NT Department of Natural Resources, Environmentand the Arts and Sport website (http://www.nt.gov.au/nreta/) under Natural Resources >Weeds, (or go to www.nt.gov.au/weeds), including the current NT declared weeds list.


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 24 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONKeyCategoryABClass A Declared Weeds - to be eradicated.Class B Declared Weeds - growth and spread to be controlled.Northern TerritoryClass C Declared Weeds - not to be introduced to the Territory. All Class A and BCweeds are also Class C weeds.Regional Declaration^Notes(a)Not prescribed for all of the Territory.All Salix spp. except for the permitted species, Salix babylonica (weeping willow),S. x calodendron (pussy willow) and S. x reichardii (pussy willow)(b)(c)All except subsp. TrychopyllaAll except O.minor, O.cernua var.australia


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 25 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONWeed legislation contactNEW SOUTH WALESManagerInvasive Species Strategy and PlanningDepartment of Primary IndustriesLocked Bag 21ORANGE NSW 2800Ph. (02) 6391 3172Email:Relevant legislationThe relevant legislation is the Noxious Weeds Act 1993 (NWA). The NWA was reviewed andamended with the changes coming into force on 1 March 2006.The NWA is administered by the NSW Department of Primary Industries, with Local ControlAuthorities (LCAs) responsible for implementing the Act on private lands. The LCAs are usually (butnot always) either the local government for the area or a special purpose county council.The Act also establishes the Noxious Weeds Advisory Committee which provides advice andrecommendations to the Minister for Primary Industries on all matters relating to the control of noxiousweeds in NSW.ExtractsThe objectives of the NWA are:(a) to reduce the negative impact of weeds on the economy, community and environment of thisState by establishing control mechanisms to:(i) prevent the establishment in this State of significant new weeds; and(ii) restrict the spread in this State of existing significant weeds, and(iii) reduce the area in this State of existing significant weeds,(b) to provide for the monitoring of and reporting on the effectiveness of the management ofweeds in this StateSection 7 of the Act states:(1) The Minister may, by order published in the Gazette, make a weed control order for aspecified plant.(2) A weed order is to do the following:(a) declare that the plant is a noxious weed,(b) apply a weed control class or classes to the plant,(c) specify the land (being part or the whole of the State) to which the order applies,(d) specify the control measures that are to be, or may be, used to control the plant ingeneral or particular circumstances,(e) specify the control objectives for the plant,(f) specify the term of the order (being a period not exceeding 5 years).(3) A plant that is the subject of a weed control order is a “noxious weed” for the purposes of thisAct.(4) An order takes effect from the date of its publication in the Gazette or on a later datespecified in the order.


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 26 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATION(5) The Minister may not make an order declaring any plant that is native to the State to be anoxious weed, except with the consent of the Minister administering the National Parks andWildlife Act 1974.Section 8 of the Act states:(1) The following weed control classes may be applied to a plant by a weed control order:(a) Class 1, State Prohibited Weeds,(b) Class 2, Regionally Prohibited Weeds,(c) Class 3, Regionally Controlled Weeds,(d) Class 4, Locally Controlled Weeds,(e) Class 5, Restricted Weeds.(2) The characteristics of each class are as follows:(a) Class 1 noxious weeds are plants that pose a potentially serious threat to primaryproduction or the environment and are not present in the State or are present only to alimited extent.(b) Class 2 noxious weeds are plants that pose a potentially serious threat to primaryproduction or the environment of a region to which the order applies and are not presentin the region or are present only to a limited extent.(c) Class 3 noxious weeds are plants that pose a serious threat to primary production or theenvironment of an area to which the order applies, are not widely distributed in the areaand are likely to spread in the area or to another area.(d) Class 4 noxious weeds are plants that pose a threat to primary production, theenvironment or human health, are widely distributed in an area to which the orderapplies and are likely to spread in the area or to another area.(e) Class 5 noxious weeds are plants that are likely, by their sale or the sale of their seedsor movement within the State or an area of the State, to spread in the State or outsidethe State.(3) A noxious weed that is classified as a Class 1, 2 or 5 noxious weed is referred to in this Actas a “notifiable weed”.Section 28 of the Act states:(1) A person (including a public authority) must not sell or purchase any:(a) notifiable weed material or other noxious weed material prescribed by the regulations; or(b) animal or thing which has on it, or contains, notifiable weed material or other noxiousweed material prescribed by the regulations,knowing it to be, or have on it or to contain, any such weed material.(2) An occupier of land (including a public authority) must not knowingly remove or cause to beremoved from the land any animal or thing which has on it, or contains, notifiable weedmaterial or other noxious weed material prescribed by the regulations.There are five outcome based control classes of noxious weeds defined under the NWA based onstate, regional or local impacts (see section 8 of the Act above).Noxious weeds are declared on either an LCA basis or for the whole of the State under the followingconditions:• A declaration for a control Class 1 weed must be for the whole of NSW;• A declaration for a Control Class 2 weed may be for a part or parts of NSW, but must include aminimum of 3 adjoining local control authority areas;• A declaration for a Control Class 3 may be for all or part of NSW, but must include a minimum of 3adjoining local control authority areas; and• A declaration proposal for a Control Class 4 weed may be for a single local control authority areaor parts of a local control authority area.


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 27 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONNoxious weeds are declared on either an LCA basis or for the whole of the State.Further information can be found on the NSW Department of Primary Industries' website(www.dpi.nsw.gov.au) under W in the A-Z index and then under WeedsAlternatively the direct link ishttp://www.dpi.nsw.gov.au/agriculture/pests-weeds/weedsThe website includes a searchable noxious weeds database(http://www.dpi.nsw.gov.au/agriculture/pests-weeds/weeds/noxweed).


Prepared by Australian Weeds Committee Last Update: September 2012Version: 17.0Page 28 of 26SUMMARY OF STATE AND TERRITORY NOXIOUS WEEDS LEGISLATIONKEYNew South WalesCategoryC1C2C3C4C5Class 1 – State Prohibited Weed. Class 1 weeds are also notifiable weeds.Class 2 – Regionally Prohibited Weed. Class 2 weeds are also notifiableweeds.Class 3 – Regionally Controlled Weed.Class 4 – Locally Controlled Weed.Class 5 – Restricted Weed. Class 5 weeds are also notifiable weeds.State/Regional DeclarationsWeeds are declared on a Local Control Authority (LCA) basis and declarations for the samenoxious weed can vary across the State. There are 128 LCAs. The NSW Department ofPrimary Industries’ weeds database lists weeds by LCA/category/common name/scientificname.(Numbers)(S)Numbers following categories refer to the number of LCAs in which the weedis declared.The weed is declared statewide.Notes(a) All Cuscuta spp. except the native species C. australis, C. tasmanica, C.victoriana.(b)All Opuntia spp. except Opuntia ficus-indica (Indian fig).(c)All Orobanche spp. except Orobanche minor and Orobanche australiana(Orobanche cernua var australiana – Australian broomrape).(d)All Oxalis spp. and varieties except the native species O. chnoodes, O.exilis,O. perennans, O. radicosa, O. rubens, and O. thompsoniae.(e)All Rubus fructicosus agg. Species except cultivars Black Satin,Chehalem,Chester Thornless, Dirksen Thornless, Loch Ness, Murrindindi, Silvan,Smoothstem, Thornfree.(f)All Salix spp. except for the permitted species, S. babylonica (weeping willow),S. x calodendron (pussy willow) and S. x reichardtii (pussy willow). S. nigraand S. cinerea are also C3 weeds in some LCAs.(g)Striga spp. except the native S. parviflora.(h)Excludes B. Scoparia ssp. trichophylla(i)except c. furcataFor a noxious weed declaration for a specific area of the State, check the NSW Department ofPrimary Industries’ weeds database:(http://www.dpi.nsw.gov.au/agriculture/pests-weeds/weeds/noxweed)

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